WA’s attempt at the harmonised work health and safety laws would appear to be on the way. The impending industrial manslaughter laws, however, contradicts the existing WA Criminal Code manslaughter provisions. Under clause 30A of the Work Health and Safety Bill 2019 (WA), an individual who commits manslaughter whilst performing employed duties will be imprisoned for 20 years and receive a fine of $5m. Away from employed duties, an individual guilty of the exact same offence under section 280 the Criminal Code Act Compilation Act 1913 (WA) results in a life sentence with a minimum term of imprisonment of 15 years.

WHS Bill Update

Source: Western Australia, Parliamentary Debates, Legislative Council, 21 October 2020, 37-44 (Nicolas Goiran).